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What Is Injury Law Injury law focuses on civil wrongs that can cause harm to your body mind and even your emotions The goal of a successful lawsuit is to recover the amount of money you paid for damages like medical bills and pain and discomfort Its hard to avoid injuries but its important to be sure to safeguard yourself as much as you can For example if you are likely to fall backwards rotate your head and block it with your arms Negligence Someone who has suffered injuries or other damages as a result of the negligence of another person can sue for negligence and seek financial compensation To establish their case the plaintiff will need to prove four things such as breach of duty causation and damages Negligence is when a person fails to behave in a manner that an ordinary person would under similar circumstances A driver for example should obey traffic laws to prevent accidents or harm to other road users A doctor is obliged to give patients the same level of care that a similarly qualified medical professional would offer in similar situations A lawyer can also use expert testimony to show that the defendants conduct fell far from the norms of the industry In order to prevail in a case of negligence the plaintiff must show that the breach by the defendant was the direct cause of the injury This is referred to as legal causation A good personal injury lawyer will argue that the defendants actions were the sole cause of the plaintiffs injuries The plaintiff must prove that their injuries have caused an actual loss of money such as lost income and medical bills The most serious type of negligence is gross negligence which involves a complete lack of concern for others safety A nursing home that fails to change a patients bandages for a period of time is an example of gross negligence In some states defendants can use a defense known as contributory negligence to prevent the plaintiff from claiming damages Statute of Limitations If the negligence of someone else or reckless disregard for your safety leads you to suffer injury or suffer injury the law allows a limited amount of time to start a lawsuit which is known as the statute of limitations This limitation set by the state legislature is meant to encourage timely filing and prevent unreasonable delay The time limit for filing a claim varies from one state to another and also depending on the kind of injury For instance in Pennsylvania personal injuries such as car accidents you generally have two years from the date of the accident to file an action However certain claims might be subjected to the discovery rule This means that the statute of limitations is not set until the injury is discovered or should have been reasonably discovered In certain cases such as ones involving intentional crimes such as false imprisonment and assaults and defamation and intentional infliction of emotional distress the limitation period is extended It is also possible for a statute of limitations to be waived or tolled such as in the case of minors or individuals who is detained or on military duty If you decide to file a lawsuit after the statute of limitations has expired your case may be dismissed without hearing This is why its essential to consult an experienced injury attorney well before the time when the statute of limitations runs out Damages Many of the costs associated with an injury can be attributed to a price tag Special damages can include medical expenses outofpocket expenses lost wages and the cost of repairing or replacing your property in addition to fixed amounts The law does limit the amount you can claim in special damages Other losses are hard to quantify including pain and suffering and loss of enjoyment of life and a variety of other intangible harms It can be difficult to put an exact value on subjective losses like physical or emotional pain however insurance companies and attorneys use formulas to quantify them A plaintiff in a whiplash case for example might have sustained serious injuries that impact their daily life injury lawyer tampa might have to seek assistance with household chores eat differently and may be unable to participate in social or engaging in recreational activities The victim may experience a loss of enjoyment and this can be recouped as general damages To determine the value of a claim for general damages lawyers and insurance companies typically begin by calculating the amount for medical special damages and then add the value of any income losses Then they will multiply this amount by a number between 15 and 5 More severe injuries generally result in higher multipliers Liability In law legal terms liability refers the party found responsible for harm or injury This can be due to negligence or strict liability The majority of injury claims are based on the concept of negligence Negligence involves failing to act with a reasonable level of care in the particular circumstances The jury will determine what an average person in similar circumstances would do and then decides if the defendants actions or omissions violated this standard Certain injury cases are based solely on strict liability For instance if defective products are the reason for injuries Victims could also be entitled to compensation in addition to economic damages in the event of noneconomic damages such as pain and discomfort It is difficult to value these damages however our injury lawyers are adept at maximizing the value of your claim Certain personal injury lawsuits are multiplaintiff cases such as class actions or mass torts One or more plaintiffs could be a corporate entity like a pharmaceutical corporation or an insurance company or it could be an individual like you In these instances multiple parties may be held responsible based on the evidence submitted by each plaintiff as well as the results of an investigation Contact us right away if you have been injured due to someone elses negligence or wrongdoing